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R2011-003 - 2011-01-10RESOLUTION NO. R2011 -3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR CONSTRUCTION MATERIALS TESTING SERVICES ASSOCIATED WITH THE ORANGE STREET PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1 That certain contract for construction materials testing services, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2 That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for construction materials testing services associated with the Orange Street Project. PASSED, APPROVED and ADOPTED this the 10 day of January, A.D., 2011. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit ''A" Resolution No. R2011 -3 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on January 10, 2011 by and between the City of Pearland "CITY and GEOTEST ENGINEERING, INC "CONSULTANT The CITY engages the CONSULTANT to perform Construction Materials Testing (CMT] Services for a project known and described as ORANGE STREET WIDENING from STATE HIGHWAY 35 TO HATFIELD ROAD. (Project T70051). SECTION I SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall perform Construction Materials Testing Services. See Exhibit A, attached, for a detailed SCOPE OF WORK. The PROJECT schedule shall conform to the construction schedule. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. Design i of 5 D2. Revised 2/09 E. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits "Change in Coverage except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. F. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. Design 2 of 5 D2. Revised 2109 G. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION H PERIOD OF SERVICE This CONTRACT will be binding upon execution and end upon completion of the construction related work not to exceed 16 months after execution of this contract. SECTION III CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is time and materials, not to exceed. Total compensation for the services performed shall not exceed the sum of $$113,435.00. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT. C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub consultant(s) or in any way affect the CONSULTANT's status as an independent contractor of the CITY. Design 3 of 5 D2. Revised 2/09 SECTION V TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason with or without cause by delivering written notice to CONSULTANT personally or by certified mail at 5600 Bintliff Drive. Houston, Texas 77036. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15` day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and /or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and /or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. Design 4 of 5 D2. Revised 2109 SECTION VI ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. The parties have executed this CONTRACT this r6� day of January, 2011. [City's Name, Title] Bill Eisen, City Manager r LA �c C. hplaj- onsultant s amt, Title] Design 5 of 5 D2. Revised 2109 GEOT ENGINEERING, INC. Geotedinfeal Engineers Materials Testing 5600 8lntliff Drive Houston, Texas 77036 `telephone (713) 266 -4580 Fax: (713) 266 -2977 Proposal No. 11502255 -01 Date: 11 -29 -2010 City of Pearland Attention. Ms, Jennifer Lee 3519 Liberty Drive Pearland, Texas 77581 Re, Orange Street' Widening from SH 35 to Hartfieid Road City of Pearland, Brazorfa County, Texas COP Bid No.: 1011 -01 Dear.Ms. Lee: Based on the drawings and specifications furnished to us, Geotest Engineering, 111c, is pleased to submit our cost estimate for performing materials engineering services during the construction of the above referenced project. Based on the }proposed scope of services, we estimate a budget of $113,435.00. Any additional services requested and not part of this estimate will be charged in accordance with our attached fee schedule. Please indicate your formal acceptance by sighing below and returning one (1) copy., We look forward to working with you. If you have any questions, please contact me at your convenience. Very truly yours, GEOTEST ENGINEERING, INC. Ravi Raj Yananmidal RE, TBPE Registration No. F -410 President RRYIaem Copies Submitted (2) ACCEPTED BY: PRINTED NAME: TITLE: DATE: Geotest Engineering Budget Estimate Orange Street Widening from SH 35 to Hartfieid Road City of Pearland, Brazoria County, Texas COP Bid No.: 1011.01 Service I Billing Codes I Quantity Unit Unit Rate Estimate 1.0 Earthwork Site Utilities, Pavement Subgrade, Misc, Earthwork Engineering Technician 10700 1000 Hour 53.00 53,000.00 Engineering Technician, (OT) 10701 160 Hour 79.50 12,720.00 Vehicle Charge 15000 125 Trip 60.00 7,500.00 Nuclear Gauge 95100 1160 Hour 9.00 10,440.00 Lime Determination 92800 2 Each 205.00 410.00 Moisture Density Relations hip (treated, select fill,subgrade) 94500 8 Each 195.00 1,560.00 Atterberg Limits 90100 8 Each 53.00 424.00 Percent Passing 200 Sieve -200) 90600 8 Each 45.00 360.00 Total: 86,414.00 5.0 Pavement,Sidewal ks,Cu rbs, Driveways Engineering Technician 10700 260 Hour 53.00 13,780.00 Engineering Technician, (OT) 10701 40 Hour 79.50 3,180.00 Vehicle Charge 10500 40 Trip 60.00 2,400.00 Cylinder Tests (4 cyl /set) 30100 124 Each 15.00 1,860.00 Total: 21,220.00 4.0 Pavement HMAC Engineering Technician 10700 60 Hour 53.00 1,802.00 Engineering Technician, (OT) 10701 10 Hour 79.50 795.00 Extraction and gradation of HMAC 40500 8 Each 174.00 696.00 Specific Gravity 40600 8 Each 62.00 248.00 Hveem Stability 40700 8 Set 82.00 328.00 Bulk Density 40800 8 Set 46.00 184.00 Molding Specimens 41000 8 Set 54.00 216.00 Vehicle Charge 15000.0 8 Trip 60.00 360.00 Total: 4,629.00 5.0 Project Management Project Management Administration 10500.0 66 Hour 58.00 812.00 Vehicle Charge 15000.0 16 Trip 60.00 360.00 Total: 1,172.00 Total: 113,435,00 • 1%1 ,ate 11,�� INTEROFFICE TRANSMITTAL r t 3519 Liberty Dr., Pearland,Texas 77581 Ph: (281) 652-1756 Fx: (281)652-1706 • DATE: 2011.01.10 TO: Sonia Webb, Deputy City Secretary From: Patty Patke Projects Dept. COPIES PROJECT DESCRIPTION ', 2 T70051 - Orange Street Construction Materials Widening Testing Agreement- Geotest Engineering ❑ FOR COUNCIL APPROVAL 0 FOR YOUR FILES ❑ APPROVED AS SUBMITTED ❑ FOR SIGNATURE Thank you, Patty Patke Program Specialist Ext.1756 ppatke@ci.pearland.tx.us